Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 55 IPC Findings In Review Report 023-2019, 098-2019, an applicant was denied access to a portion of the records by the Saskatoon Police Service (SPS) pursuant to subsection 14(1)(c) of LA FOIP. In its submission, the SPS stated the records related to matters that contravened section 88 and subsection 175(1)(a) of the Criminal Code and violated Saskatoon City bylaw #7565. Based on this, the Commissioner was satisfied that the matter related to a lawful investigation, and also agreed with the SPS’s assertion that release of the information could reveal information with respect to a lawful investigation. As such, the Commissioner found that SPS properly applied subsection 14(1)(c) of LA FOIP. In Review Report 030-2020, 050-2020, the Commissioner reviewed whether the Ministry of Government Relations (Government Relations) appropriately applied the equivalent subsection 15(1)(c) of The Freedom of Information and Protection of Privacy Act (FOIP) to records withheld from an applicant. Part of the Commissioner’s review considered whether Government Relations’ activity qualified as a “lawful investigation” for purposes of the first part of the test for subsection 15(1)(c) of FOIP. Government Relations asserted that the records withheld pursuant to subsection 15(1)(c) of FOIP were created as a result of the ministerial-appointed inspector recommending an inspection be expanded into an inquiry and that a supervisor also be appointed pursuant to section 422 of The Northern Municipalities Act during said inquiry. Furthermore, Government Relations asserted that an inspection pursuant to section 417 of The Northern Municipalities Act is an investigation into the management, administration, or operation of any municipality. The scope of the investigation is set out in the Minister’s Order. An inquiry is conducted if it is determined during the inspection that a more in-depth investigation is required, which is what occurred in the Northern Village of Pinehouse. Government Relations further asserted that while these provisions use the word inspection and inquiry, both an inspection and inquiry are an investigation that is authorized and permitted by law, specifically sections 417 and 418 of The Northern Municipalities Act. The Commissioner found that based upon the powers provided to an inspector or person of inquiry in The Public Inquiries Act, 2013, an inspection or inquiry under The Northern Municipalities Act qualifies as a ”lawful investigation” for purposes of subsection 15(1)(c) of FOIP.
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